Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 5344 of 2019 Petitioner :- Rajendra Singh Nagar and 2 others Respondent :- State of U.P. and 3 others Counsel for Petitioner :- Chandra Bhan Gupta Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Chandra Bhan Gupta, learned counsel for the petitioners and Sri A.N. Mulla, learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 14.2.2019 registered as Case Crime No. 122 of 2019 under sections 452, 506 I.P.C. read with Section 3(1) (X) SC/St Act, P.S. Kasna District Gautam Budh Nagar.
It is submitted by the learned counsel for the petitioners that the F.I.R. is malafidely motivated as petitioner no.1 is the Secretary of the Residents Welfare Society, petitioner nos. 2 and 3 are his sons, petitioner no.1 is expected to maintain clean area of the residential society, no offences are made out, F.I.R. be quashed.
Per contra learned A.G.A. opposed the submission.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 28.2.2019 Ram Murti